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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Sam H. Furman, Inc., et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Sam H. Furman, Inc., and Sam H. Furman, Highway 72, Route 1, Waterloo, S.C.
 
DOCKET NUMBER:
97-ALJ-17-0419-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter came before the Court from an appeal of the Respondents Sam H. Furman and Sam H. Furman, Inc. of a citation issued by the Petitioner South Carolina Department of Revenue ("Department") for a violation of the Video Games Machines Act ("Act"), S.C. Code Ann. Sec. 12-21-2804(A) (Supp. 1996) on August 29, 1996. The citation issued to Respondent on that date was for three separate violations of that provision of the Act limiting the licensing and use of five (5) Class III machines per single place or premise. S.C. Code Ann. Sec. 12-212804(A); 27 S.C. Code Regs. Ann. 117- 190. The Regulatory Violation and Assessment Report sought revocation of 20 Class III licenses issued to the Respondent, that no licenses be issued for the operation of machines at "Waterloo Preferred", "Jacks Quick Stop", "72 North", and "The Far Side" locations in Waterloo, South Carolina for a period of six (6) months, and the imposition of a $5,000.00 monetary penalty. A Final Agency Determination was issued by the Department on August 6, 1997 which amended the Assessment Report to omit "The Far Side" location and thereby seeking the revocation of 15 Class III machine licenses. The Final Agency Determination otherwise sustained the imposition of the fines assessed in the violation report.

A hearing was scheduled in this matter before the Court on November 21, 1997. Prior to

the hearing, an agreement was reached between the parties resolving this matter on the following terms and conditions:

1. The licenses on the 15 machines located at the three locations in question expired May 31, 1997. The parties therefore concede that the issue of their revocation is moot for the purposes of this agreement.

2. The Respondent agrees to not operate or allow the operation of Class III machines on the premises which on August 29, 1996 were doing business as "Waterloo Preferred", "Jack's Quick Stop", and "72 North" for a period of six months. This six month period is effective and commences immediately upon the filing and service of this Order by the Administrative Law Judge Division.

3. The Respondent Sam H. Furman further agrees to pay the sum of $500.00 in fines to the Department not later than thirty days after the filing and service of this Order by the Administrative Law Judge Division.

4. The Department agrees, pursuant to S.C. Code Ann. Section 12-4-320(3) (Supp. 1996) to waive the remaining monetary penalties sought for this violation from the Respondent.

5. The parties further agree and understand that this is a compromise and settlement of a contested penalty and is entered by the Department under the authority provided it in S.C. Code Ann. 12-4-320(3) to compromise such matters.

Having reviewed this agreement and settlement in compromise, and having questioned the parties or their respective counsel regarding the terms thereof, I hereby ORDER its adoption and dismiss the Petition in this matter with prejudice.





Jeffrey M. Nelson Richard A. Harpootlian

Counsel for Regulatory Litigation Attorney for Respondents

P.O. Box 125 1720 Main Street, Suite 304

Columbia, SC 29214 Columbia, SC 29202

(803) 737-4426 (803) 252-4848

IT IS SO ORDERED.

______________________________

JOHN D. GEATHERS

Administrative Law Judge

Post Office Box 11667

Columbia, South Carolina 29211-1667

November 20, 1997

Columbia, South Carolina


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